Real Estate | Land Use Litigation

Using a combination of our specialized knowledge in real estate, condominium and land use law, Barton Gilman attorneys help clients reach their business objectives through litigation and trial, as well through alternative dispute resolution (ADR). We routinely represent real estate agents, agencies, appraisers, condominium trustees and trusts in professional liability and D&O claims, as well as before state agencies in board matters.

Our real estate and land use lawyers represent clients throughout Massachusetts, Rhode Island and other states. When the client’s best interest is served through the trial and appellate courts, our litigation team provides vigorous representation. We use that same approach when we seek alternative means of dispute resolution as well, including representing clients at mediation and arbitration. We are extremely proud of our success in helping identify creative, intelligent options short of trial that bring favorable results for our clients.

Barton Gilman's real estate and land use litigators handle:

  • Negligent appraisal claims
  • Real estate broker agent claims
  • Commercial leasing
  • Condominium law
  • Easements and agreements for land purchase and sale
  • Insurance coverage issues
  • Environmental claims
  • Real estate partition disputes
  • Real Estate professional boards of licensure complaints

Some of our successful representations include:

  • Persuading a jury following a two-week trial to return a verdict in favor of our client in a $1 million commercial lease dispute
  • Obtaining a verdict in Massachusetts Superior Court on behalf of a realtor rejecting a claim alleging breach of contract to purchase real estate
  • Securing a Massachusetts Superior Court verdict for a real estate broker dismissing a lawsuit alleging negligent misrepresentation, fraud and deceit related to the sale of a single-family residence with prior water damage
  • Persuading a jury in Worcester District Court to dismiss a negligence claim against a buyer’s broker related to allegations of failure to disclose information regarding a proposed subdivision construction near the seller’s property
  • Obtaining summary judgment in favor two Rhode Island condominium associations in a case concerning the rights of a unit owner to expand onto common areas
  • Obtaining a defense verdict on behalf of a homeowners’ association where a condominium owner alleged violations of the Master Deed, Massachusetts statutory law on condominiums (M.G.L. c. 183A), and breach of fiduciary duty
  • Persuading state boards of licensure for real estate appraisers to issue findings of no unprofessional conduct
  • Negotiating for a home inspector a favorable low-cost settlement of a case involving allegations of a negligent home inspection
  • Obtaining a de minimus settlement for a real estate broker involving a housing discrimination case